European Union No. 4 (2014) Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part Brussels, 27 June 2014 [The Agreement is not in force] Presented to Parliament by the Secretary of State for Foreign and Commonwealth Affairs by Command of Her Majesty October 2014 Volume II of II Cm 8942 -II © Crown copyright 2014 You may re-use this information (excluding logos) free of charge in any format or medium, under the terms of the Open Government Licence v.2. To view this licence visit www.nationalarchives.gov.uk/doc/open-government-licence/version/2/ or email [email protected] Where third party material has been identified, permission from the respective copyright holder must be sought. This publication is available at www.gov.uk/government/publications Any enquiries regarding this publication should be sent to us at Treaty Section, Foreign and Commonwealth Office, King Charles Street, London, SW1A 2AH. Print ISBN 9781474110952 Web ISBN 9781474110969 Printed in the UK by the Williams Lea Group on behalf of the Controller of Her Majesty’s Stationery Office ID 2675973 10/14 Printed on paper containing 75% recycled fibre content minimum ANNEX XXVII-E LIST OF RESERVATIONS ON ESTABLISHMENT (REPUBLIC OF MOLDOVA) 1. The list below indicates the economic activities where reservations to national treatment or most favoured treatment by the Republic of Moldova pursuant to Article 205(1) of this Agreement apply to establishments and investors of the Union. The list is composed of the following elements: (a) the first column indicating the sector or subsector in which limitations apply; (b) the second column describing the applicable reservations in the sector or subsector indicated in the first column. 2. In identifying individual sectors and sub-sectors: (a) CPC means the Central Products Classification as set out in Statistical Office of the United Nations, Statistical Papers, Series M, N° 77, CPC prov, 1991; (b) CPC ver. 1.0 means the Central Products Classification as set out in Statistical Office of the United Nations, Statistical Papers, Series M, N° 77, CPC ver 1.0, 1998. 477 3. In accordance with Article 202(1) of this Agreement, the list below does not include measures concerning subsidies granted by the Parties. 4. In accordance with Article 205 of this Agreement, non-discriminatory requirements, such as those concerning the legal form or the obligation to obtain licences or permits applicable to all providers operating on the territory without distinction based on nationality, residency or equivalent criteria, are not listed in this Annex as they are not prejudiced by the Agreement. 5. The rights and obligations arising from the list below shall have no self-executing effect and thus confer no rights directly on natural or juridical persons. Sector or sub-sector Description of reservations I. HORIZONTAL RESERVATIONS Land Reservations include all sectors Land lease not exceeding 99 years permitted. Foreign supplier may purchase land except for agriculture land and forestry land. 478 Sector or sub-sector Description of reservations I. SPECIFIC RESERVATIONS 1. BUSINESS SERVICES A. Professional Services (a) Legal Services: - Limited on consultancy on host Legal services related to representation in courts and other country law; (CPC 861) public authorities can be provided by a legal professional from a EU Member State upon association with a local lawyer or following 1 year internship to get a licence in the Republic of Moldova. Legal advising services, except representation in court and other authorities, can be provided after prior registration in special registry of the Council of Bar Association. Translation and/or interpretation services for the judiciary can be provided after prior recognition of the authorization as a sworn interpreter/translator issued in another state, by the Attestation Commission of the Ministry of Justice. Mediation services can be provided by a person licensed as a mediator in another state after certification by the Mediation Board. 479 Sector or sub-sector Description of reservations Services of authorized bankruptcy administrator can be provided following one year internship and after passing the exam in the Commission for certification and discipline of the Ministry of Justice. Nationality requirement for public notaries and bailiffs. (h) Private medical and dental Practice of medical profession by foreigners requires the services (CPC 9312) permission from local health authorities, based on (CPC 9312 excluding services economic needs test. provided by the public sector) F. Other Business Services (k) Placement and supply services Services can only be supplied through juridical persons of personnel incorporated in the Republic of Moldova. (CPC 872); (l) Investigation and security (CPC 873); 480 Sector or sub-sector Description of reservations 2. COMMUNICATION SERVICES A. Postal Services (a) International postal services, as Monopoly of the "Posta Moldova" State Company. well as internal postal services related to letters up to 350 grams; (CPC 7511) 7. FINANCIAL SERVICES Banking sector and other financial services (excluding insurance) Participation in issues of all The National Bank of Moldova is a fiscal agency of the kinds of securities, including Government on the T-bills market. underwriting and placement as agent (whether publicly or privately) and provision of service related to such issues. ________________ 481 ANNEX XXVII-F LIST OF COMMITMENTS ON CROSS-BORDER SERVICES (REPUBLIC OF MOLDOVA) 1. The list of commitments below indicates the economic activities liberalised by the Republic of Moldova pursuant to Article 212 of this Agreement and, by means of reservations, the market access and national treatment limitations that apply to services and service suppliers of the Union in those activities. The list is composed of the following elements: (a) the first column indicating the sector or subsector in which the commitment is undertaken; (b) the second column describing the applicable reservations in the sector or subsector indicated in the first column; Sectors or sub-sectors not mentioned in the list below are not committed. 2. In identifying individual sectors and sub-sectors: (a) CPC means the Central Products Classification as set out in Statistical Office of the United Nations, Statistical Papers, Series M, N° 77, CPC prov, 1991; 482 (b) CPC ver. 1.0 means the Central Products Classification as set out in Statistical Office of the United Nations, Statistical Papers, Series M, N° 77, CPC ver 1.0, 1998. 3. The list below does not include measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures when they do not constitute a market access or a national treatment limitation within the meaning of Articles 210 and 211 of this Agreement. Those measures (e.g. need to obtain a license, universal service obligations, need to obtain recognition of qualifications in regulated sectors, need to pass specific examinations, including language examinations, non-discriminatory requirement that certain activities may not be carried out in environmental protected zones or areas of particular historic and artistic interest), even if not listed, apply in any case to investors of the other Party. 4. The list below is without prejudice to the feasibility of Mode 1 in certain services sectors and sub-sectors and without prejudice to the existence of public monopolies and exclusive rights as described in the list of commitments on establishment. 5. In accordance with Article 202(3) of this Agreement, the list below does not include measures concerning subsidies granted by the Parties. 6. The rights and obligations arising from this list of commitments shall have no self-executing effect and thus confer no rights directly to individual natural persons or juridical persons. 7. Mode 1 and Mode 2 refer to the means of the supply of services as described in Article 203(13)(a) and (b) of this Agreement respectively. 483 Sector or sub-sector Description of reservations I. SPECIFIC COMMITMENTS 1. BUSINESS SERVICES A. Professional Services (a) Legal Services: - Except consultancy on home country (1) Unbound, except for drafting of legal and international law; documents. (CPC 861) (2) None - Consultancy on home and third country (1) None and international law; (2) None (Part of CPC 861) (b) Accounting, auditing and bookkeeping (1) None services (2) None (CPC 862); (c) Taxation services (CPC 863); (d) Architectural services; (CPC 8671); (e) Engineering services; (CPC 8672); 484 Sector or sub-sector Description of reservations (f) Integrated engineering services (CPC 8673); (g) Urban planning and landscape architectural services (CPC 8674); (h) Private medical and dental services (1) None (CPC 9312) (2) Public medical insurance programmes do not (CPC 9312 excluding services provided cover the cost of medicare supplied abroad. by the public sector) (i) Veterinary services. (1) None (CPC 932) (2) None (j) Services provided by midwives, nurses, (1) None physiotherapists and para-medical (2) Public insurance programs do not cover the personnel cost of foreign medical services consumed (CPC 93191 excluding services abroad. provided within the public sector) B. Computer and Related Services (a) Consultancy services related to the (1) None installation of computer hardware (2) None (CPC 841); (b) Software implementation services